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1995

Journal Articles

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Institution
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Articles 1 - 30 of 112

Full-Text Articles in Law

Response To Clark Freshman, Were Patricia Williams And Ronald Dworkin Separated At Birth?, Richard A. Posner Oct 1995

Response To Clark Freshman, Were Patricia Williams And Ronald Dworkin Separated At Birth?, Richard A. Posner

Journal Articles

No abstract provided.


The Cosmology Of Law In Buddhist Tibet, Rebecca Redwood French Jul 1995

The Cosmology Of Law In Buddhist Tibet, Rebecca Redwood French

Journal Articles

No abstract provided.


Hugo Black Among Friends, Dennis J. Hutchinson May 1995

Hugo Black Among Friends, Dennis J. Hutchinson

Journal Articles

No abstract provided.


The Limits Of Lieber, Lawrence Lessig Apr 1995

The Limits Of Lieber, Lawrence Lessig

Journal Articles

No abstract provided.


Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig Feb 1995

Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig

Journal Articles

In this article, Professor Lessig proposes a theory to explain how new readings of the Constitution may maintain fidelity with past understandings of the document's meaning and purpose. After defining schematically some terminology for this exercise in "fidelity theory," the author proposes a general typology of four justifications for changed constitutional readings: amendment, synthesis, fact translation, and structural translation. Describing this last justification as so far overlooked, he illustrates, by way of four historical case studies, how structural translation results from a pragmatic institutional response by judges to subtle changes in interpretive context-changes both in what Professor Lessig calls ...


Can A Deficiency Notice To A Non-Filing Taxpayer Shorten The Time To Claim A Refund In The Tax Court?, Matthew J. Barrett Jan 1995

Can A Deficiency Notice To A Non-Filing Taxpayer Shorten The Time To Claim A Refund In The Tax Court?, Matthew J. Barrett

Journal Articles

No abstract provided.


In Re American Waste: A Clumsy Expansion Of The Right To Litigate Environmental Issues, Keith B. Hall Jan 1995

In Re American Waste: A Clumsy Expansion Of The Right To Litigate Environmental Issues, Keith B. Hall

Journal Articles

No abstract provided.


The Fifth Auxiliary Right (Book Review), Raymond T. Diamond, Robert J. Cottrol Jan 1995

The Fifth Auxiliary Right (Book Review), Raymond T. Diamond, Robert J. Cottrol

Journal Articles

No abstract provided.


"Never Intended To Be Applied To The White Population": Firearms Regulation And Racial Disparity -- The Redeemed South's Legacy To A National Jurisprudence?, Raymond T. Diamond, Robert J. Cottrol Jan 1995

"Never Intended To Be Applied To The White Population": Firearms Regulation And Racial Disparity -- The Redeemed South's Legacy To A National Jurisprudence?, Raymond T. Diamond, Robert J. Cottrol

Journal Articles

No abstract provided.


Silent Beneficiaries: Affirmative Action And Gender In Law School Academic Support Programs, Darlene Goring Jan 1995

Silent Beneficiaries: Affirmative Action And Gender In Law School Academic Support Programs, Darlene Goring

Journal Articles

No abstract provided.


Reconsidering Flood V. Kuhn, Stephen F. Ross Jan 1995

Reconsidering Flood V. Kuhn, Stephen F. Ross

Journal Articles

Within the academia, two very different groups of legal scholars have devoted a great deal of attention to Flood v. Kuhn. Those specializing in sports law have either attached Flood as a ridiculous decision that improperly distinguished between baseball and other professional sports, or have praised it for waging guerrilla warfare on the idea that Section 1 of the Sherman Act should apply to intra-league arrangements by owners of the professional sports teams. Those viewing Flood through the lens of statutory interpretation perceive the decision as adhering rigidly to the principle of stare decisis; this rigidity has been both praised ...


Semantic Cover For Age Discrimination: Twilight Of The Adea, Judith J. Johnson Jan 1995

Semantic Cover For Age Discrimination: Twilight Of The Adea, Judith J. Johnson

Journal Articles

In 1967, Congress recognized that the number of displaced older people in the workforce was growing, due in large part to the problems older people were encountering in finding new jobs once displaced from a job of many years. In these times of corporate downsizing, older workers are particularly vulnerable to bearing the brunt of workforce reductions due to the fact that they are often "paid a little more because they have been with the company a little longer." As a result, since 1967 older workers have been protected from discrimination based on their age by the Age Discrimination in ...


Are Back Pay And Damages In Age Discrimination Cases Subject To Income Taxes?, Matthew J. Barrett Jan 1995

Are Back Pay And Damages In Age Discrimination Cases Subject To Income Taxes?, Matthew J. Barrett

Journal Articles

No abstract provided.


Shaping Today's Forfeiture Law: A Conversation With Senator Mcclellan, G. Robert Blakey Jan 1995

Shaping Today's Forfeiture Law: A Conversation With Senator Mcclellan, G. Robert Blakey

Journal Articles

In any society, the government's ability to interfere with life, liberty or property is always open for full discussion. In this conversation, Professor Blakey discusses property in the context of organized and white-collar crime, in addition to criminal forfeiture, and frames his discussion around his work with Senator John McClellan on drafting the Organized Crime Control Act.


Lawyers As Strangers And Friends: Reply To Professor Sammons:, Thomas Shaffer, Robert F. Cochran Jr. Jan 1995

Lawyers As Strangers And Friends: Reply To Professor Sammons:, Thomas Shaffer, Robert F. Cochran Jr.

Journal Articles

No abstract provided.


Does Mediation Systematically Disadvantage Women?, Margaret F. Brinig Jan 1995

Does Mediation Systematically Disadvantage Women?, Margaret F. Brinig

Journal Articles

No abstract provided.


War Crimes And Other Human Rights Abuses In The Former Yugoslavia, Robert T. Mounts, Jeffrey L. Bleich, Doug Cassell Jan 1995

War Crimes And Other Human Rights Abuses In The Former Yugoslavia, Robert T. Mounts, Jeffrey L. Bleich, Doug Cassell

Journal Articles

No abstract provided.


United States: Deconstructing The American Family - Developments In Family Law During 1993, Lynn D. Wardle, Margaret F. Brinig Jan 1995

United States: Deconstructing The American Family - Developments In Family Law During 1993, Lynn D. Wardle, Margaret F. Brinig

Journal Articles

No abstract provided.


Introduction: The Ancient Roots Of Modern Forfeiture Law, Jimmy Gurule Jan 1995

Introduction: The Ancient Roots Of Modern Forfeiture Law, Jimmy Gurule

Journal Articles

Civil forfeiture is one of the most potent weapons available to prosecutors in the “war on drugs” and against traditional organized crime. Unlike criminal forfeiture it is in rem and based on a legal fiction that property used in violation of law must be held responsible for harm that it has caused. The conceptual underpinnings of civil forfeiture are long established and can be traced back to English common law, but they also create the potential for abuse. There is currently federal legislation that considers scaling back the reach of civil forfeiture and recent Supreme Court decisions have also limited ...


The Money Laundering Control Act Of 1986: Creating A New Federal Offense Or Merely Affording Federal Prosecutors An Alternative Means Of Punishing Specified Unlawful Activity?, Jimmy Gurule Jan 1995

The Money Laundering Control Act Of 1986: Creating A New Federal Offense Or Merely Affording Federal Prosecutors An Alternative Means Of Punishing Specified Unlawful Activity?, Jimmy Gurule

Journal Articles

The purpose of the Money Laundering Control Act of 1986 was to make the hiding and reinvestment of illegal profit made from a criminal enterprise into a new federal offense. The act targets conduct that occurs after the underlying crime. It is not intended to be an alternative means of punishing the crime itself. Courts must closely adhere to this legislative intent if they seek to properly and consistently apply the law. They must be aware of several key aspects of the law: 1) The financial transaction requirement under section 1956(c)(3) of the act includes the transportation of ...


Why Does The Church Have Law Schools?, Thomas L. Shaffer Jan 1995

Why Does The Church Have Law Schools?, Thomas L. Shaffer

Journal Articles

No abstract provided.


Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell Jan 1995

Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell

Journal Articles

Professor O'Connell discusses the traditional methods used for international law "enforcement," and she argues that international law is generally obeyed. Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement; however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through ...


Waiving Sovereign Immunity In An Age Of Clear Statement Rules, John C. Nagle Jan 1995

Waiving Sovereign Immunity In An Age Of Clear Statement Rules, John C. Nagle

Journal Articles

No abstract provided.


The Legality And Morality Of Using Deadly Force To Protect Unborn Children From Abortionists, Charles E. Rice, John P. Tuskey Jan 1995

The Legality And Morality Of Using Deadly Force To Protect Unborn Children From Abortionists, Charles E. Rice, John P. Tuskey

Journal Articles

No abstract provided.


Closing Argument, James H. Seckinger Jan 1995

Closing Argument, James H. Seckinger

Journal Articles

No abstract provided.


Profiling Minority Law Librarians: A Report On The 1992-93 Survey, Dwight B. King, Rhea A-L Ballard, Helena Lai, Grace M. Mills Jan 1995

Profiling Minority Law Librarians: A Report On The 1992-93 Survey, Dwight B. King, Rhea A-L Ballard, Helena Lai, Grace M. Mills

Journal Articles

The authors present a demographic and professional profile of AALL minority law librarian members based upon responses to a detailed survey that elicited information about work experience and skills, professional activities and participation, and career aspirations. The results lead the authors to suggest some recruitment strategies to increase diversity in law librarianship and the level of minority participation in AALL.


The Limited Relevance Of Plain Meaning, Stephen F. Ross Jan 1995

The Limited Relevance Of Plain Meaning, Stephen F. Ross

Journal Articles

In this essay, the author takes the position that linguists' principal expertise - ascertaining how language is used by ordinary speakers of English - is often of little value in interpreting controversial non-criminal federal statutes. Although linguistic techniques might still aid in understanding their meaning, the author's thesis is that extrinsic evidence that is known and accessible to this small sub-community - such as legislative history, established norms of construction, and other evidence about the context in which the legislation arose - is more likely than linguistic analysis to help an outside judge shed light on what Congress meant and how the statute ...


An Overview Of The Scholarship In Law And Religion Of Judge John T. Noonan, Jr., Robert E. Rodes Jan 1995

An Overview Of The Scholarship In Law And Religion Of Judge John T. Noonan, Jr., Robert E. Rodes

Journal Articles

No abstract provided.


Multiple Punishment For Similar Crimes: Is The Double Jeopardy Clause Violated?, Jimmy Gurule Jan 1995

Multiple Punishment For Similar Crimes: Is The Double Jeopardy Clause Violated?, Jimmy Gurule

Journal Articles

No abstract provided.


Are Litigating Attorneys Debt Collectors Under The Federal Fair Debt Collection Practices Act?, Trai Le Jan 1995

Are Litigating Attorneys Debt Collectors Under The Federal Fair Debt Collection Practices Act?, Trai Le

Journal Articles

No abstract provided.